Handling fees upon return of an item sold
Category:
Business Dealings & Money Matters
According to Madhhab:
Hanafi
Reference:
1440-261
Question:
I would like to know
if handling fee is permissible in sharyat? The surat is: The customer orders a
product. The shopkeeper orders it for him. The customer then buys the product
and returns it due to it been wrong. The fault is the customers, because he
ordered the wrong item. The buyer then charges the customer a handling fee, and
the customer gets nothing in return.
if handling fee is permissible in sharyat? The surat is: The customer orders a
product. The shopkeeper orders it for him. The customer then buys the product
and returns it due to it been wrong. The fault is the customers, because he
ordered the wrong item. The buyer then charges the customer a handling fee, and
the customer gets nothing in return.
Answer:
We understand from the nature of the query that the seller sells goods to his customers. The client intended to purchase a particular product which the shopkeeper ordered particularly for him from the supplier/manufacturer. The purchaser did not see the item at the time of purchase.
The Fuqaha have written that if a person purchases an item which he hasn’t seen (at the time of purchase) then the sale of the item will be valid in the light of Shariah but the purchaser has the choice of either keeping or returning the item on seeing it. (Re:- Mukhtasar-ul-Quduri Pg.331)
In our scenario, the client returned the item on seeing it due to not satisfying his needs or expectations which affords him the right of returning the item. However, the shopkeeper must have incurred certain expenses in ordering the goods for the client, such as phoning the supplier, picking up the goods from the supplier’s premises or arranging delivery at a cost, etc. Due to incurring such expenses both parties may reach an agreement whereby the purchaser voluntarily agrees to reimburse the seller for expenses incurred particularly when the seller supplied goods according to the buyer’s specifications. If the purchaser didn’t place an order with the seller, he wouldn’t have had to incur any expenses. However, this cannot be enforced upon the purchaser since he is entitled to return the goods without having to pay any penalties/fees.
And Allah Ta'aala knows best
ANSWERED BY: Mufti Mohammed Desai
CHECKED AND APPROVED BY: Mufti Muhammed Saeed Motara Saheb D.B
Date: 16 Jumadal Ula 1440 English Date: 23 January 2019